The Study Of The Problem Of Animal Welfare Legislation In China

In recent years,China has paid more attention to environmental protection issues.As with the environmental pollution problem,in recent years,human hunting of wild animals,non-wild animal abuse has been very serious,the protection of animal survival and development is imminent.Now the phenomenon of killing animals in society is more and more serious,its roots are the lack of animal welfare law in China,especially the lack of protection of non-wild animal welfare.Disappointingly,the new Wildlife Protection Act,which was formally implemented on January 1,2017,does not have provisions on "animal welfare",which is experts,scholarsand a large number of animal protectionists who is looking forward to.The regulations only expressly prohibit the abuse of wild animals,with the meaning of animal welfare protection.But the new law on the issue of animal welfare is still too cautious performance.Therefore,China should be developed as soon as possible for China's national conditions of animal welfare law,the full protection of animal welfare,so that animals have a good living space,from harm and abuse,to create a harmonious relationship between man and animal.In this paper,animal welfare legislation as the center of a series of studies.The paper mainly includes six parts:The introduction part: This part is introduced from the three aspects of animal welfare background,research significance and domestic and foreign research status.Using legal knowledge to illustrate the improvement of animal welfare legislation to achieve the coordinated development of human and animal,to achieve our international trade,social civilization and ecological civilization and the progress of civil health are of great significance.The first part: this part is the introduction of the basic theory of animal welfare law.First,introduce the connotation of animal welfare and its ethical basis.By introducing the origin and development of the concept of animal welfare,the concept of animal welfare was defined,and the ethical basis of the existence of animal welfare was analyzed;Second,the animal welfare law is defined.Through the analysis of animal welfare law concept and characteristics and its origin and development,for our animal welfare legislation to pave the way;Finally,explain the value of animal welfare legislation.From the social and public interests,the construction of ecological civilization,the development of international trade and a harmonious socialist society these four aspects to demonstrate.The second part: this paper analyzes the present situation and existing problems of animal welfare legislation in China.Firstly,it introduces the current situation of animal welfare in China.Secondly,it shows the main problems of animal welfare legislation in China.Mainly includes four aspects: First,animal protection legislation system is imperfect.Second,the lack of legal provisions of the law.Third,the scope of the subject of protected animals is too narrow.Fourth,the legal responsibility is not comprehensive,the lack of sanctions.The third part: This part is the foreign animal welfare legislation and its inspiration.First of all,introduce foreign animal welfare legislation situation and summary of its advantages,the United Kingdom,the United States,the EU as an example to introduce;Secondly,it introduces the enlightenment of foreign animal welfare legislation to our country.Including the following five points: First,change the wrong thinking of animals.Second,to expand the extent of public participation.Third,the establishment of our national conditions in line with the animal welfare legal system.Fourth,the law of animal protection should be operational.Fifth,strengthen international exchanges and cooperation.The fourth part: the path choice of animal welfare legislation in China.First,the basic principles of animal welfare law in China are pointed out.Including the principles of adaptation to national conditions,principles of biodiversity,animal welfare and economic and social development principles,the principle of public participation of these four principles;Then,introduce the design scheme of the animal welfare legal system in China,and on the basis of the existing legal system of animal protection in our country,the animal legal framework is designed from the two parts of the general rule and the sub-class.The first part of the general principle is mainly composed of the main purpose of the animal welfare law,the related concepts,the legislative standards,the basic legal system and the measures and the legal liability.In the sub-rule,according to China's existing animal protection law,will be divided into legal protection of wild animals and non-wild animal legal protection of two categories.On the one hand to improve the protection of wild animals,because the new "wildlife law" in the formal implementation of this year,so the new law around the legal achievements and the limitations still exist in these two aspects to interpret.On the other hand to increase the legal protection of non-wild animals.Conclusion part: further explain why animal welfare protection is given,and perfecting the Importance of Animal Welfare Legislation in China.It also points out the issues that we should be aware of in the development of welfare law.